Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The tender-years exception to the hearsay rule which states: [A] statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil proceeding if (a) the proponent of the statement…
Submitted by New Jersey Truck Accident Lawyer, Jeffrey Hark Originally published here. One person was entrapped in an accident involving a Honda Accord and a Ram pickup truck at the intersection of Route 31 and Country Club Drive in Clinton Township on Jan. 28, 2015. (Rich Maxwell | for Hunterdon County Democrat) There are plenty…
Submitted by Workers Compensation Attorney, Jeffrey Hark Diaz-Paredes v. Whole Foods Market (decided January 23, 2015) is an appeal from an administrative decision of Workers’ Compensation. The appellant worked for Whole Foods for eight years in a position that involved bending, lifting, and pushing carts and claims that she suffered orthopedic, neurological, and neuropsychiatric injuries…
The case attached to this blog involves two judges, one of the Superior Court, and one of the City of Paterson Municipal Court. The judges regularly attended Mass and a weekly dinner after Mass with an individual who later came under indictment for official misconduct based on using his public position to have public employees…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…
Submitted by New Jersey Vehicle Accident Lawyer, Jeffrey Hark Most people have heard of a ‘black box’ associated with major airlines when they crash. Rescue teams tirelessly search for the black box in order to find details such as the flight path, altitude, and time of impact. The same concept has been applied to vehicles…
State of New Jersey versus Dawson Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark See previously posted review of New Jersey Versus Dawson: State versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court The Issue reviewed in this Blog from this case is the use of an anonymous call and…
State of New Jersey versus Dawson – Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark We begin our analysis mindful of the applicable standard of review with respect to factual findings. In reviewing a grant or denial of a motion to suppress, we are bound to uphold factual findings, supported by sufficient credible evidence in…
Submitted by Personal Injury lawyer, Jeffrey Hark Use of Jury Verdict Review in Personal Injury Cases The Appellate Division, while reviewing the party’s arguments and submissions, addressed the use of the New Jersey Law Journal’s “Jury Verdict Review” to persuade the court that the $2.5 million dollar verdict should not shock the conscious of the court. The court commented in a footnote, “neither plaintiff nor defendants…
Submitted by Personal Injury lawyer, Jeffrey Hark MICKENS VS. MISDOM – Second of two issues Judge’s Comments Regarding his “Feel for the Case” The second issue in this case is the Judge’s comments regarding his “feel for the case” when he denial of defendant’s Motion for Remittiur and Motion for a New Trial. The judge…